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7th Edition

Civil Jurisdiction and Judgments



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ISBN 9780367415327
March 29, 2021 Forthcoming by Informa Law from Routledge

 
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Book Description

Now in a fully updated seventh edition, this book remains an established treatise in the field of civil jurisdiction and judgments. It aims to make a full and complete statement of English law on civil jurisdiction and the effect of foreign judgments against the backdrop of significant uncertainty about the consequence of Brexit on the law of civil jurisdiction and judgments. The book looks in detail at:

  • the law after the Brussels Regulation has ceased to operate as part of English law;
  • the substance of the Lugano Convention, which the government hopes to join;
  • the incorporation of the 2005 Hague Convention on Choice of Court Agreements into English law, and
  • developments in the common law rules of jurisdiction, injunctions, and foreign judgments.

This text aims to be an authoritative and comprehensive reference for all legal practitioners working in commercial law across jurisdictions as well as the judiciary.

Table of Contents

PART A THE LAW AND THIS BOOK

CHAPTER 1 General

CHAPTER 2 Brexit and its effect on the law

PART B JURISDICTION ACCORDING TO THE LUGANO/BRUSSELS RULES

CHAPTER 3 The Lugano Convention and its interpretation

CHAPTER 4 The jurisdictional structure of the Lugano Convention

CHAPTER 5 Material and other scope of the Lugano Convention

CHAPTER 6 Jurisdiction under another convention or instrument

CHAPTER 7 Exclusive jurisdiction, regardless of domicile

CHAPTER 8 Jurisdiction by Entering an Appearance

CHAPTER 9 Jurisdiction in Matters Relating to Insurance

CHAPTER 10 Jurisdiction in matters relating to consumer contracts

CHAPTER 11 Jurisdiction in relation to individual contracts of employment

CHAPTER 12 Jurisdiction Agreements for a court in a Lugano state

CHAPTER 13 General jurisdiction over defendant domiciled in the United Kingdom

CHAPTER 14 Special jurisdiction over defendant domiciled in another Lugano State (1)

CHAPTER 15 Special jurisdiction: over defendant domiciled in another Lugano State (2)

CHAPTER 16 Residual jurisdiction over defendant with no Lugano State domicile: Article 4

CHAPTER 17 The court’s duty to examine its own jurisdiction

CHAPTER 18 Lis pendens in a Lugano State

CHAPTER 19 Jurisdictional connection to a non-Lugano State

PART C JURISDICTION WITHIN THE UNITED KINGDOM

CHAPTER 20 Jurisdiction within the United Kingdom

PART D COMMON LAW AND STATUTORY JURISDICTION

CHAPTER 21 Common Law Principles of Jurisdiction

CHAPTER 22 Staying proceedings when the court is forum non conveniens

CHAPTER 23 Jurisdiction Agreements

CHAPTER 24 Proceedings commenced by service out of the jurisdiction

CHAPTER 25 Jurisdiction under the Hague Convention on Choice of Court Agreements

PART E PROCEDURAL MATTERS RELATING TO JURISDICTION

CHAPTER 26 Service of process

CHAPTER 27 Disputing the jurisdiction of the English court

CHAPTER 28 Injunctions to restrain wrongful foreign litigation

CHAPTER 29 Damages for loss caused by wrongful litigation

CHAPTER 30 Declaratory judgment on merits of dispute

CHAPTER 31 Provisional and Interim Relief

PART F FOREIGN JUDGMENTS

CHAPTER 32 Schemes for recognition and enforcement of foreign judgments

CHAPTER 33 Foreign judgments taking effect under the Brussels and Lugano rules

CHAPTER 34 Foreign Judgments and the rules of common law

CHAPTER 35 Foreign judgments registered under 1920 and 1933 Acts

CHAPTER 36 Foreign judgments registrable under the 1982 Act

Appendices

I The Lugano Convention

II Hague Choice of Court Convention

III List of rulings of the European Court on the interpretation of the Lugano/Brussels rules

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Author(s)

Biography

Adrian Briggs QC is Professor of Private International Law at the University of Oxford, Fellow and Tutor in Law at St Edmund Hall, Oxford, and Barrister at Blackstone Chambers, Temple